TERMS AND CONDITIONS

YES, THERE IS FINE PRINT WE NEED YOU TO UNDERSTAND AND AGREE TO!

BY PURCHASING ANY COMPANY PRODUCT, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS & CONDITIONS OF PURCHASE (“TERMS & CONDITIONS”). IF YOU DO NOT AGREE, DO NOT USE PURCHASE ANY COMPANY PRODUCT. 

By checking the box (pictured below) "Yes, I agree to the Terms & Conditions" during the checkout process, you further acknowledge and agree as a customer to be legally bound by these terms. If you do not agree, the Company will not allow you to purchase any company product. 

1. LIMITED WARRANTY

1. ESCAPE CLIMBING, LLC (“ESCAPE”) WARRANTS THAT PRODUCTS AND RELATED PARTS (“PRODUCT”) ARE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP FOR A PERIOD OF 1 YEAR FROM THE DATE OF PURCHASE AS SHOWN ON THE PURCHASE RECEIPT. THIS LIMITED WARRANTY APPLIES ONLY TO THE ORIGINAL PURCHASER AND IS NOT TRANSFERRABLE OR ASSIGNABLE. THIS LIMITED WARRANTY IS CONTINGENT UPON THE PURCHASER MAINTAINING AND USING THE PRODUCT IN ACCORDANCE WITH THE INSTRUCTIONS PROVIDED BY ESCAPE. THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILTY AND FITNESS FOR A PARTICULAR PURPOSE. 

1. THIS LIMITED WARRANTY IS FOR THE REPAIR OR REPLACEMENT OF PRODUCT(S) ONLY. THIS LIMITED WARRANTY DOES NOT INCLUDE LABOR, SHIPPING, OR OTHER COSTS ASSOCIATED WITH INSTALLATION. 

1. IMMEDIATELY DISCONTINUE USE OF THE PRODUCT IF YOU FIND WHAT YOU BELIEVE IS A DEFECT IN THE PRODUCT. YOU MUST NOTIFY US IN WRITING WITHIN FIFTEEN (15) DAYS OF DISCOVERY OF THE DEFECT. AFTER RECEIVING NOTIFICATION OF THE DEFECT, ESCAPE WILL, IN ITS SOLE DISCRETION, REPAIR, REPLACE OR REFUND THE PURCHASE PRICE OF THE PRODUCT FOUND TO BE DEFECTIVE UNDER NORMAL USE AND SERVICE DURING THE WARRANTY PERIOD. ESCAPE RESERVES THE RIGHT TO REQUIRE THE PURCHASER TO RETURN THE PRODUCT TO ITS FACILITY FOR INSPECTION PRIOR TO ESCAPE MAKING A WARRANTY DETERMINATION. IN SUCH EVENT, PURCHASER SHALL BE RESPONSIBLE FOR FREIGHT OR SHIPPING COSTS TO GET THE PRODUCT TO ESCAPE. ESCAPE SHALL BE RESPONSIBLE FOR FREIGHT OR SHIPPING COSTS TO RETURN THE REPAIRED OR REPLACEMENT PRODUCT TO PURCHASER. WHEN THIS LIMITED WARRANTY INVOLVES THE REPLACEMENT OF A PRODUCT, THE REPLACED PRODUCT BECOMES ESCAPE’S PROPERTY AND THE REPLACEMENT PRODUCT BECOMES THE PROPERTY OF PURCHASER.

1. THIS LIMITED WARRANTY IS NULL AND VOID IF ANY MODIFICATIONS HAVE BEEN MADE TO THE PRODUCT. THIS LIMITED WARRANTY DOES NOT COVER DAMAGES RESULTING FROM ABUSE, IMPROPER USE, IMPROPER INSTALLATION OR MAINTENANCE, DAMAGE IN TRANSIT, OR ANY OTHER DAMAGE BEYOND THE CONTROL OF ESCAPE. NO PERSON, AGENT, SALES REPRESENTATIVE OR DISTRIBUTOR IS AUTHORIZED TO GIVE ANY WARRANTY ON BEHALF OF ESCAPE OTHER THAN THIS LIMITED WARRANTY. 

1. NOTHING IN THIS LIMITED WARRANTY AFFECTS STATUTORY RIGHTS THAT CANNOT BE WAIVED OR LIMITED BY THIS LIMITED WARRANTY. 

1. ALL WARRANTY SUPPORT WILL BE PROVIDED IN ACCORDANCE WITH OUR STANDARD WARRANTY PRACTICES, PROCEDURES AND POLICIES.

1. LIMITATION OF LIABILITY. IN NO EVENT WILL ESCAPE, ITS OWNERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS OF USE UNDER ANY THEORY OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (II) THE COST OF PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICES; (III) FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO ESCAPE FOR THE PRODUCTS OR SERVICES PURCHASED IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

1. INDEMNIFICATION. Purchaser agrees to indemnify, hold harmless and defend Escape, its owners, managers, employees, representatives and agents from and against all losses, liabilities, damages, claims, and expenses, including attorneys’ fees and courts costs, arising out of any claims or lawsuits for damage or injury to any person or property based in whole or in part on, arising out of, or related to in any way the use of or misuse of the Product. 

1. ASSUMPTION OF RISK. YOU AGREE TO ASSUME ALL RISKS AND ACCEPT FULL AND COMPLETE RESPONSIBILITY FOR ANY AND ALL DAMAGES AND INJURY OF ANY KIND, INCLUDING DEATH, PARALYSIS, AND SERIOUS INJURY, WHICH MAY RESULT FROM OR IS RELATED TO YOUR USE OF OR RELIANCE UPON ANY MATERIALS OR INFORMATION PRODUCED BY COMPANY, ITS PARTNERS, AND/OR THAT IS CONTAINED IN ANY COMPANY WEBSITES, CATALOGS, PUBLICATIONS, OWNERS MANUALS, VIDEOS, OR OTHER COMPANY MATERIALS.  

1. MISCELLEANOUS

1. Taxes. You agree to pay all charges and any applicable taxes incurred by yourself and/or any other users of your credit card, debit card, or other payment method used in connection with any purchase or transaction with the Company at the prices in effect when such charges are incurred.

1. Shipping. All items that you order and purchase from the Company are transported and delivered by an independent carrier, unaffiliated with the Company. Title to the items you have purchased, as well as risk of the items’ loss, passes to you once the Company delivers the items to the carrier. 

1. Choice of Law and Venue. All matters relating to your purchase of any Product  will be governed by the laws of the United States and by the laws of the State of Minnesota without regard to its conflicts of laws provisions.

1. Mandatory Mediation. In the event of any controversy or dispute between Company and you arising out of or in connection with the purchase of any Product, the Company and you shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within thirty (30) days, then either party may request that such controversy or dispute be mediated. The mediation may be conducted in person, through the submission of documents, by phone or online. If conducted in person, the mediation shall take place in New Brighton, Minnesota.  If the dispute is not resolved through mediation within a reasonable time (not to exceed sixty (60) days from the mediation request), then the parties shall be free to pursue any right or remedy available to them under applicable law through binding arbitration as described below.

1. Binding Arbitration. In the event of any dispute arising from your purchase or use of any Product, such dispute will be finally and exclusively resolved by binding arbitration. NEITHER YOU NOR WE SHALL HAVE THE RIGHT TO LITIGATE ANY CLAIM IN COURT OR TO HAVE THE CLAIM DECIDED BY A JUDGE OR JURY.  DISCOVERY RIGHTS, SUCH AS EACH PARTY'S RIGHT TO THE EXCHANGE OF PREHEARING INFORMATION OR PREHEARING TAKING OF SWORN TESTIMONY, MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (AAA) and, where appropriate, the AAA’s Consumer Arbitration Rules, both of which are available at the AAA website www.adr.org. (http://www.adr.org/)  The arbitration may be conducted in person, through the submission of documents, by phone, or online, at the Company’s sole discretion. If conducted in person, the arbitration shall take place in Minneapolis, Minnesota.  The parties may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The Federal Arbitration Act and federal arbitration law apply to these Terms & Conditions. You hereby irrevocably waive, to the fullest extent permitted by law, (a) any objection that you may now or hereafter have to such jurisdiction and venue and (b) any claim that any such arbitration proceeding has been brought in an inconvenient forum. Note that the preceding provision regarding venue may not apply if you are a consumer based in the European Union, however, in all cases, the United Nations Convention on Contracts for the International Sale of Goods shall not apply in any dispute arising out of or related to these Terms. 

1. Class Action Waiver.  Any arbitration or proceeding shall be limited to the dispute between you and us individually. To the full extent permitted by law, (a) no arbitration or proceeding shall be joined with any other; (b) there shall be no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (c) there shall be no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

1. Limitation of Actions.  Any and all claims arising out of or related to the purchase of any Products must be brought by you within one (1) year after the cause of action arises, or such claim or cause of action is forever and irrevocably barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation.

1. Electronic Format. These Terms & Conditions and of any notice given in electronic form shall be admissible in any arbitration or litigation proceeding based upon or relating to these Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  All headings in these Terms & Conditions are for convenience or reference only and shall be ignored in construing these Terms & Conditions. 

1. Waiver. The Company’s failure to enforce all or any part of these Terms & Conditions or respond to a breach thereof by you or any other party shall not in any way  be construed as a waiver or a relinquishment of any right of the  Company or any part of these Terms & Conditions, and your obligations set forth in these Terms & Conditions shall continue in full force and effect.

1. Severability. If any provision in these Terms & Conditions is held invalid or unenforceable under applicable law, the invalid or unenforceable provision will be modified to the minimum extent necessary and deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions of these Terms & Conditions will continue in full force and effect.

1.  Entire Agreement. These Terms & Conditions, together with any order documents, contain the entire and final agreement between you and us regarding the purchase of the Products and supersedes any prior or contemporaneous communications between you and the Company. 

1. Survival. All provisions of these Terms & Conditions which by their nature should survive termination of the agreement between us, shall survive termination, including, without limitation, dispute resolution provisions, warranty disclaimers, indemnity and limitations of liability.

1. No Third-Party Beneficiaries. The Terms & Conditions is an agreement between you as the purchaser and the Company regarding the purchase of one or more of our Products  and confers no rights upon any other persons or entities.

1. Force Majeure. Each party will be excused from performance for any period during which, and to the extent that, such party is prevented from performing any obligation, in whole or in part, as a result of causes beyond its reasonable control, and without its fault or negligence, including without limitation, acts of God, strikes, lockouts, riots, acts of terrorism or war, epidemics, communication line failures, and power failures.

1. Export Compliance. Any offer for any feature, product or service is void where prohibited. If you choose to purchase a Product from outside the U.S., you are solely responsible for complying with applicable U.S. and local laws.  The Company reserves the right to limit, in its sole discretion, the provision and quantity of any product or feature shown on the Websites to any person or geographic area.

1. Reservation of Rights. All rights not explicitly granted in these Terms & Conditions are hereby reserved by Company.